DENNISE E. FERNANDEZ Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS Criminal Miscellaneous Case is filed by the petitioner, who is the accused in Crime No. 736/2013 of Kundara police station, challenging the order in CMP. No. 535/2014 of the Judicial First Class Magistrate Court, I, Kollam under Section 482 of the Code of Criminal Procedure.

(2.) IT is alleged in the petition that the petitioner is the sole accused in Crime No. 736/2013 of Kundara police station and also the sole accused in Crime No. 2477/2013 of the same police station. In Crime No. 736/2013 of Kundara police station, the allegation was that he had committed the offence punishable under Sections 294(b), 323 and 307 of the Indian Penal Code and he was granted bail by the Sessions Judge, Kollam as per Annexure A order. When he was arrested in connection with another crime as Crime No. 2477/2013 of the same police station his passport was seized by the police and produced before the court. There was no condition imposed by the Sessions Judge not to leave State of Kerala or to surrender the passport as well. So the petitioner filed CMP. No. 535/2014 for release of his passport in order to enable him to go abroad to pursue his employment. The learned Magistrate by Annexure -B impugned order, dismissed the application. This is being challenged by the petitioner by filing this petition.

(3.) ON the other hand, the learned Public Prosecutor submitted that after the commission of the earlier crime, he came and committed another crime also and if the passport is released, he is likely to abscond and he will not be available for interrogation etc. as the investigation is still in progress.